Orient
Online ISSN : 1884-1392
Print ISSN : 0473-3851
ISSN-L : 0473-3851
ARTICLES
Demotic Matrimonial Property Contracts Recorded in the s‘nḫ-documents
A Re-examination of the Term “s‘nḫ
Ikuyo KATO
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2008 Volume 43 Pages 119-149

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Abstract

The aim of this paper is to attempt to offer a more plausible interpretation of the Demotic property contracts called s‘nḫ-documents, by re-examining the concept of the key word “s‘nḫ.”
S‘nḫ-documents, which existed at least from 522 BC until AD 21 in Egypt, have generally been interpreted as “annuity contracts,” whose purpose is to ensure that a husband will support his wife within matrimony and even in the case of divorce, provided that her property, known as “s‘nḫ,” is under his control.
 However, this explanation remains somewhat questionable because of the following three points: (1) The key term “s‘nḫ” itself does not seem to have been sufficiently examined by scholars. (2) Even though the clauses concerning the wife's subsistence occur also in matrimonial property contracts where “s‘nḫ” is not referred to, the s‘nḫ-documents alone are looked upon as “annuity contracts.” (3) This interpretation conflicts with the idea that a man supported his wife as a matter ofcourse at that time.
 Through reconsidering the meaning of the word “s‘nḫ,” the present study concludes that the wife’s s‘nḫ in the s‘nḫ-documents might be income-generating property where the “usufructuary right” is given to her for her living and the term does not depend on whether she made a contract with her husband or not. Accordingly, the s‘nḫ-documents could be interpreted as a deed where the main concern is to guarantee her the sure return of her s‘nḫ property from her husband. Furthermore, an attempt to re-situate the clauses discussing the wife's subsistence shows the possibility that the emmer and the silver which are to be given to her by her husband are the fine which he has to pay if he fails to return her s‘nḫ on the day she sets.

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© 2008 The Society for Near Eastern Studies in Japan
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